# 2004 

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IDAHO CODE

Compiled Under the Supervision ofthe Idaho Code Commission

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MAX M. SHEILS, JR. EXECUTIVE SECRETARY
TITLES 39(44-87), 40 

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TITLE 89

CIIAPl'IlI. HAz.wxtus WNm: M.\NAOEKINT, I 39· 78. Toa.I.cco MA.stu Sr:rn.EM'EN'I' AoIlWolENT,

4427. §I 89·7808

- 89-7805. ATI1RAL DEATitACT, §§ 89-4504,89-4506, 80. UW'OIOI Puwc ScHOOL Buu.nING 8.an:rY, 9-41107. 

### t 89·8008. 55. C INoOORAlII,§§ 39-5501-39-6504, 81. BAllIN ElM'ROroo:NTAL bmwVlw:tm Am, 89- 06,39-5507,89-6511. D39-8106. 67. PJu: ON OF MINORS' ACCESS TO 'lb1lACC0. 84. 'lbIlACCO MAma SB'1'nJDIENT AollDMENT If 89· 02, 89-6710, 39-6714

- 89· COMPLBK'Il'NTARY At::r, §§ 89-8401

- 39­ 5718. 8407. 61. IDAHO CON J-l VISA WAIVER PliOOlWl, 86. L.ua: PEND OIlllI..LE, PEND OUlI..LE RIvu, §§ 39·6101 39-6118. PIUESr L.ua: ANtI PRf£ST RIvE

.. COllMlSIllON, 63. DOMtmC VIOL CI: CI!wE PIlEY:tNTJON, if 89-8501

- 39·8504. §I 89·6303, 3 06A. 65. 8601

- 39·8622.

39-4427. Commercial disposal feu. 87. IDAHO COMIIONSENSE 

## n 89-8101

- WIm£ Tnu:Dls §I 39·6501

- 39- 86. IDAHO ELEVATOR SAFIl'n' COOK ACT, §§ 39·

6508. 71. HAz.wIous St1BSTAHCE COI!SlOO"Z1ON Aer, ACT, §I 89-7103, 89·7 39·8706. 7112.

S2CI10N.

39-442'7. Commercial disposal ea.
- (1) There is imposed on the owner or operator ofevery commercial H zardous waste disposal facll,ity or site permitted under section 39-4409, Id Code, thelowest applicable fee for each ton ofwaste or fraction thereof, as Haws: (a) Thirty dollars ($30.00) per gate ton or ction thereoffor all hazardous wastes as defined by RCRA or section 89 07, Idaho Code; (b) '!\venty.five dollars ($25.00) per gate ton fraction thereof for all manifested wastes not otherwise defined in this bsection; (c) '!\vo dollars ($2.00) per gate ton or fraction the offor all manifested remediation wastes not otherwise defined inthis su ection; (d) '!\venty dollars ($20.00) per gate ton or fraction t reoffor the first two thousand five hundred (2,500) gatetons or lees ofw tes received by
a facility or site from the same site, property or ha dous waste management unit ifthe wastes: (i) are PCBs regulated un sr Idaho or federal law and are in concentrations greater than fifty (50 arts per

.. million; (U) are hazardous debris; (iii) are hazardous wastes tha become subject to regulation solely as a result of a removal or remedi etion taken in response to environmental contamination; or (iv) arehaza ous wastes that result from corrective action or closure of a regulate nonregulated hazardous waste management unit; (e) Ten dollars ($10.00) per gate tOIl or fraction thereof for all wastes

, 

## . .... .. .;

1visions of section thesamefacility or site and arefrom the same site, property orhazardous

sste management unit in an amount greater than two thousand five H dred (2,500) gate tons up to twelve thousand five hundred (12,500) ga tons; (f) e dollars ($5.00) per gate ton or fraction thereof for all wastes contain d inparagraph (d) oftms subsection, ifthewastes arereceivedby the same cility orsite and arefrom the same site, propertyorhazardous waste man ement unit in an amountgreater than twelve thousand five hundred (12, 0) gate tons up to twenty-five thousand (25,000) gate tons; (g) '!\vo dolla nd fifty cents ($2.50) per gate ton or fraction thereoffor all wastes con . d in paragraph (d) ofthis subsection, ifthewastes are received by the s facility or site and are from the same site. property orhazardous waste nagement unit in an amountgreaterthantwentyfive thousand (25,000) ate tons; (b) Five dollars ($5.00) r gate ton or fraction thereoffor all hazardous wastes that: (i) are delis or treated so that the wastes are no longer hazardous wastes; or (ii) a nonhazardous radiologically contaminated wastes including materials fr the "Formerly.Utilized Sites Remedial Action Program (FUSRAP)" site administered by the government ofthe United States; or (iii) arePCBs in ncentrations less thanfifty (50) parts pernrlllion and not otherwiseregula d by Idaho orfederal law;'or (iv) are

.wastes not otherwise defined in this s section.

(2) Thefees setforth in subsection(1) 0 'ssectionshallnotapplytoany ofthe following types ofwastes:

(a) Wastes generated or disposed ofby a p lie agency or other person operating a household hazardous waste colle 'on program;

- (b) Wastes generated or disposed ofby any age ofthe state ofIdabo.

Any waste for which the fees are waived unde the provisions of this section mustbe noted as fee-waived waste on theret required insection 39-4428, Idaho Code, and is subject to all audit p 39-4429, Idaho Code.

(3) For wastes disposed of'by any agency of the state commercial hazardous waste disposal facility or site pe itted under section 39-4409, Idaho Code, the director, pursuant to a writte agreement with the.director, the owner or operator of any such facility or ite, may credit on the return required in section 39-4428, Idaho Code, and' the fee remitted, an amount equal to the actual cost charged by such ow r or " operator pergate ton orfraction thereoffor the characterization, collec

. n. identification. transportation, treatment, storage and disposal ofwastes t such facility or site. (I.e., § 39-4427, am. and redesig. 1999, ch. 290, § 2, p. 718; anu.2001, ch.297,§ 2,p.l072;am.2002,ch. 176,§ 1,p.522;arn.2004,

Compiler's Dotes. Section 2 of S.L. 2004, ch. 117 declared a.ri emergency. Approved March 19, 2004.

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# IDAHO CODE

CONTAINING THE 

# GENERAL LAWS OF IDAHO ANNOTATED

ORIGINALLY PUBLISHED BY AUTHORITY OF LAWS 1947. CHAPTER 224
REPUBLISHED BYAUTHORITY OF LAWS 1949, CHAPTER 167 AS AMENDED

Compiled Under the Supervision ofthe Idaho Code Commission



### R. DANIEL BOWEN THOMAS A. MILLER RICHARD F. GOODSON COMMISSIONERS MAX M. SHEILS, JR. EXECUTIVE SECRETARY



### TITLES 39 (44·83),40

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### HEALTH AND SAFETY

CJWI'l'BII. I'UlZAlIIiKlUS WNM MANAGEIa:tn, If 39- 62. PCB WAS'l1I DISPOiIIAL" II 39-6201

- 39­

4401 39-4432. 621ft 45. NATIJlW. TH Ar:r, If**3~501** - 39- 68. DoMISrIC VIOLBNCII CRlWB l'aBvBrmoH,**~9.** If 39-6801

- 89·6317. 46. bwio D.I:vILoPM 64. CLIAN LAxBsAer,If 39-6401- 39-6413. ,ANDFACDJTtJIS 65. WAttrS 'l't!aI DIsPos.u., If 89-6501

- 39­

4608. 6507. 47. RuPrra CAU SDVlCE. IlUlIlfAlJlW 66. BIO PAYJ:T1'Il LAD WA1'II1l Qtw.m .Am, A47. :PusoNAL CAU SDVICE. If 39-6601- 39-6612. R:mBsIONATID..) 67

- 69. !RJaRvm.) , 48. honrNIzATlOM, II 39-4801

- 89-4 70. BALI AN]) DJ8POIIAL or BAT1'ZIUI8, If 39­

, 7001.;... 39-7004.

. 49. IDAHo H&w1J Pt.oomto Aer, If 3 71. H.Az.wloca StlBS'I'ANCII EIlBIIOJDICY RuPoHsa -89-4904. Aer, If 89-7101- 89-7115. [50) 49. EqUAL 0PF01l'J"UNn"r POB DlsP!:.Acm lDAHOLMm RaomIAT1OH Aer, If 3&-7201 HOMDWaIIl Aer, If (39-5001)

- 39­ -39-7210. 5009. lbs:aVu.J 51. FAJoID.Y Suppol.'1' AHXl IH-HOKB AssISTANCB, SouD WIJ1l'B FA.CILmII$ Aer, Of 89­ If 39-5100

- 89-5106. 740 89-7421. 52. DotmmcVJOLBNC& PRo.rIcrGaNms,If 39­ 75. ADoPnON MBDICAL AssurrANca, II 89­ 5201

- 89-5218. 7501-8 506. 58. A:DIlLT Aaua, NIGLlIXtI' AND ExPLoJTATlOM 76. Pum.ro WA1'II1l SY!'I'Df I..oANs, Aer, ft 89-5301

- 89-5812. ff 89-7801

- 7606. 54. .AltTmcw.lNmocJHAT101f,tf 39-5401- 39­ 77. VOUlImIIa Ha.umr PBoYma lIonJ. 5408. Nm, ff 39-7701 - 3 705. 55. Cuwr IHJxIoRADt, tf 39-5501- 89-5510. 78. 'IbaAcco:t.fAsora S**~,** ,56. PDsoIW. CAU SmMC8S, It 89-5601

­ Of 89-7801

- 89-7806. 89-6609. 79. Loc.u. 0PrJ0H &tn!a FACILI'J'IU 

# '( 57. PavmmoN OF MDI01IS' AcaIss 10 'lbSAcco, tf 89-7901

­ 89-7916. tf 89-5701

- 39·5718. 80. UKD'OJIM Puauc ScHOOL BUI1.DJNG 58. HAwu:Ioua WAttrS FAC11m' SITINO, It 39- ff 39-8001

- 39-8012. 

# \..",
5801

- 89-5820. 81. BASIH EHmoNKBN'l'AL ho>Rov.Dmrr Acr, 59. lIwIoRmw.. HJ:..u.TH CARlIACClISS PRooa.ur, If 89-8101

- 39-8116; If 89-5901

- 39-5918. (82) 81. l'IWIO SAn HAVBN Aer,' ff 189­ 60. CIIllJ)JIlIH's TaUST Ftnm, If 39-6001

- 89- 8201)

- [39-8207). 6008. (83] 81. '.l'RA.uwA C



### CHAPrER44
HAZARDOUS WASTE MANAGEMENT

8ICT1ON. 39-4401. Short title. waste treatment, storage, or 39-4402. Lefislative findinp and purposes. diapoaal facilities. 89-4410. Transportation ofhazardoua waste. 39-4408. Definitioll8. 39-4411. Recorda

- Reportin,

- Monitor­ 39-4404. COll8istency with federal law. 

### m,. 39-4406. Rill. in general. 39-4412. Inspectiou

- 

### Rirht ofentry. 39-4406. General powers and dutiesofdirec· 39-4418. Enforcement procedures. tor. 39-441-1. Remedies. 39-4407. Identification ofhazardous wastes. 39-4415. Violations coll8tituting misdemean39-4408. Unauthorized treatment, storace, ors. releue, use or disposal ofhas· 39-4416. Citizen suits. ardous waste prohibited. 39-4417. Haurdoua waste emergency ac39-4409. Permit requirementa for hazudous count.
1 ( \

# ~HEALTH AND SAFETY 2 39-4401

SECTION. 39-4417A (Reserved.) 39·4427C. Treatment. storage or disposal fa· 39-4417B. (Repealed.!

. SEC'I'IOfoi.

. cility Cee. 3g,;,w18. Local government notice. 39-4427D. Hazardoua waste Ceu -.- Duplica· 39-4419. Int.enltate cooperation. tion. 39-4420. Employment .ecurity. 39-4428. Collec:tion oC commercial dispo.al 3t.4421. Good samaritan protection. fees

- Returna. 3t.4422. severability. 39-4429. Books and recorda to be preserved 39-4423. Disposal oC restricted hazardous

- Entry and inapection by dewastes prohibited. partment oC environmental 39-4424. Disposal ormanuested waste. quality. 39·4425. (Reserved.) 39-4430. Additiona and penaltiea. 39-4426. Appointment oCin.pectora. 39·4431. Collec:tion and enCorcement. 39-4427. Commercial disposal Cees. 39-4432. Diltribution ofcommercial diapoaal 39-4427A. (Amended and Redeairnated.) 39-4427B

- 39-4427D. [Repealed.) Cee revenuea.



### "Haz Waste ManagementAct of 1983."ll.C., § 39-4401, 

### as added by 1983, 

### ch. 154. 416.]

Compil4ll". not... 'lb. wont. "thIS CollateralReference

..Amountand charIt reCer to S.L 1983, cb. 1M, I 1 whicb ia a

.. ca of wastes u equitable facton in compiled

.. II 39-4401 througb 39-4422. anocation coats purauan, to

Sec.to MC.ret. Thiscbapte1' ia reCerred to I 113(f')(1) or Comp ive Environmental in tf 9-342A, 39-5804. 39-5809, 39-5819. 39- Responee. Compenajltion,

. bility Act 7403,49-2206, 63-3029D and 83-802CC. (CERCLA), 42U.S.CA. t 9613(1)(1):

.

Cited iot Idaho v. Hanna Minina Co., 699 wute Itreams. 162A.L.R. Fed. 371.


### Sg....U02. Legislative fiDding. 

### and purpose••

- (1) 

### The legislature ofthe State ofIdaho finds: (a) That continuing technological progress, increases in manufacturing, and the abatement of air and water pollution have resulted in everincreasing quantities ofhazardous waste;

. (b) That the public health and safety. and the environment, are threatened when hazardous wastes are not managed in an environmentally sound manner; (c) 

### Thatthe 'knowledge and technology necessary for alleviating adverse health, environmental and aesthetic impacts resulting from current hazardouswastemanagement**a~d** 

### disposal practices are generally available; and (d) That the problem of proper management of hazardous waste has become a matt.er ofgreat statewide concern. (2) Therefore, itis hereby declared that the purposes ofthis act are: (a) 

### To protect the public health and safety, the health oflivingorganisms, and the·environment from the effects of the improper, inadequate, or unsound management ofhazardous waste; (b) 

### To establish a program totrack and control hazardouswastes from the time they are generated through transportation, treatment, storage, and disposal; and, (c) 

### To assure the safe and adequate management of hazardous wastes within the state. II.C., § 39-4402, 

### as added by 1983, 

### ch. 154, § 1, 

### p. 416.J ( L 

# U

( 

# U3 HAZARDOUS WASTE MANAGEMENT 39-4403
Compiler'.Dote

.. Forworda-this act,·see wutes into sewer systems. 47A.L.R.3d 1224. Compiler's note.l, § 39-4401. Applicability ofloningregulations to waste

Con.teral References. Validity and con­ disposal facilities ofstateor local governmen­ struction of statutes, ordinances, 

### or regula­ tal entities. 59 A.L.R.3d 12

... tions controlling discharge of industrial


### 39-4403. Definitions.

- As used in this chapter: (1) "Board" means the Idaho board ofenvironmental quality. (2) "Commercial hazardous waste facility or site" means any hazardous wastefacility whoseprimarybusiness is the treatment, storage ordisposal, for a fee or other consideration, ofhazardous waste generated oft'site by generators other than the owner and operator ofthe facility. (3) "Department"means the Idaho department ofenvironmental qUality. (4) "Director"meansthedirector ofthe Idaho departmentofenvironmental quality or the director's authorized agent. (5) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing ofany hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter 

# the environment or be emitted into the air or discharged into any waters, including ground waters. 

### " material receive a a t does notinclude any subsequent changes to the weight resulting from the manage b the (7) "Generator"means anyperson, who byvirtue ofownership, management, or control, is responsible for causing or allowing to be caused the creation ofa hazardous waste. (8) "Hazardouswaste"meansa waste orcombination ofwastes ofa solid, liquid, semisolid, or contained gaseous form which, because ofits quantity, concentration or characteristics (physical, chemical or biological) may: (a) Cause or significantly contribute to an increase in deaths or an increase in serious, irreversible or incapacitating reversible illnesses; or (b) Pose a substantial threat to human health or to the environment if impropedytreated, stored, disposed of, ormanaged. Such wastes include, but are not limited to, materials which are toxic, corrosive, ignitible, or

.reactive, or materials which may have mutagenic, teratogenic, or carcinogenic properties but do not include solid or dissolved material in domestic sewage, or solid ordissolved materials inirrigation return flows
or industrial discharges which are point sources subject to national pollution discharge elimination system permits under the federal water pollution control act,' as amended. 33 U.s.C.• section 1251 et.seq., or source, special nuclear, or byproduct material as defined by the atomic energy act of 1954, as amended, 42 U.S.C., section 2011 et seq. (9) "Hazardous waste management" means the systematic control ofthe collection, source separation, storage, treatment, transportation, processing, and disposal ofhazardous wastes. (10) "Hazardous waste facility or site" means any property, structure. or ancillary equipment intended or used for the transportation, treatment, storage or disposal ofhazardous wastes.39-4403 HEALTH AND SAFETY 4 

# G

(11) "ll\iection" means the subsurface emplacement offree liquids. (12) "Manifest"means a form used for identifying the quantity, composition, origin, routing, waste identification code(s), and destination ofhazardous waste during any transportation from the point of generation 

### to the point oftreatment, storage or disposal. (13) "Manifested ,waste" means waste which at the point of origin or generation is required to 

### be manifested for transportation in a manner similartothat ofthe federal uniform hazardous waste manifest or by other manifest requirements designed 

### to assure· proper treatment, storage and disposal ofsuch waste.

# ~r~=~~io_ia_"iB**:.~ ~flm,}iOf}f;Z:;O:~+~'**  contaminated with (15) "Person" means any individual, association,**partnership~** firm, joint stock company, 

### trust. estate, political subdivision, public or private corporation, state or federal governmental department, agency, orinstrumental· ity, or any other legal entity which is recognized by law as the subject of rights and duties. (16) "ReBA"meanstheresource conservation and recovery act of1976 as amended from time to time. (17) "Restricted hazardous waste" means a 

### waste or combination of wastes regulated as land disposal restricted pursuant 

### to federal statutes and regulations, including 40 CPR part 268. Restricted hazardous waste 

# ('.

.. also includes byproduct, source, special nuclear materials or devices or equipment utilizing such materials regulated under the federal atomic 

# U

energy act of 1954, as amended. Restricted hazardous waste shall not include radiologically contaminated waste materials from "Formerly Uti· lized Sites RemedialAction Program (FUSRAP)" siteS administered by the United States army corps ofengineers and being disposed ofpursuant to a contract in exi.!Stence on July 1,2001, and as maybe renewed thereafter. (18) "Storage"means the containment ofhazardous**wastes~** on a temporary basil or for a period ofyears, in such a manner as not to constitute disposal ofsuch hazardous wastes. (19) "Transportation"means the movement ofanyhazardous waste to or from a hazardous waste facility or site. (20) "Transporter"means any person who transports a hazardous waste to or f.rom a hazardous waste facility or site. (21) "Treatment" means any method, technique, or process, including neutralization, which is designed not to be an integral part ofa production process, but which is rather designed to change the physical, chemical, or biological character or composition of any hazardous waste prior to storage orfinal disposal so asto neutralize suchwaste orso as to render such waste nonhazardous or less hazardous; safer to transport, store. or dispose of; or amenable.for recovery, amenable for storage or reduced 

### in volume. Such term inc1udes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (22) ''Waste'' means any solid, semisolid, liquid or contained gaseous material for which no reasonable use or reuse i!'l intended or which is5**~DOUSWASTE~~AGEMENT** 39-4404

intended to be discarded. [I.C., § 39-4403, as addedby 1983, ch. 154, § 1, p. 416; am. 1984,'ch. 205, § 1, p. 502; am. 1986, ch. 148, § I, p. 415; am. 1986, ch.324,§ l,p. 794; am 1989,ch.253. §'I,p.626;am. 1993,ch.291,§ 1,p. 1082; am. 1994, ch' 419, § I, p. 415; am. 2001. ch. 103, § 45, p. 253; am. 2001, ch. 297, § 3, p. 1072.]

Compiler'. note.. This section was Section 2 ofS.L. 1986, ch. 324 is compiled amended by two 2001 acts which appearto be liS § ::;9-4423. compatible and have been compiled together. Section 2 of S.L. 1989, ch. 253 is compiled

The amendment by ch. 103, § 45, substi­ as § 39·4424. tuted "environmental quality" for "health and Section 2 of S.L. 1994, ch. 419 is compiled welfare" throughoutthe section; insubsection as § 39-4427. (7)(b). substituted "byproduct" for "by prod­ Sections 44 and 46 orS.L. 2001. ch. 103 are uct"; and made stylistic changes. compiled as §§ 39-3638 and 39-4426. respec­

The amendmentby ch. 297. § 3, in subsec­ tively. tion U7}. added the second sentence. Sections 2 and 4 of S.L. 2001. ch. 297. are

The Resource Conservation and Recovery compiled as U 39-4427 and 39-4405, respec­ Act of 1976, referred to in subdivision (15) of tively. this section, is compiled as 42 U.S.C. § 6901 CroSll ret. Inspection of hazardous waste et seq.

Section 2 of S.L. 1984. ch. 205 is compiled carriers. penalties U 67-2917.67-2918.
as I 39-4410. Sec:. to sec. ret. This section is referred to

Section 2 oC S.L. 1986. cb. 148 is compiled

. in §§ 18-3905 and 39·4423.
u § 39-4405. 

## ( that the state ofIdahoenact and carryout a hazardous wasteprogramthat will enable the state to assume primacy over hazardous waste control from 

# \..,.. the federal government. The legislature finds thatthe RCRA, as amended,42U.S.C., section 6 etseq., and federal regulations adopted pursuantthereto, establish c plex and detailed provisions for regulation of those who generate, ansport, treat, store, and dispose of hazardous wastes. The legisl e cannot conveniently or advantageously set forth in this chapter the requirements ofall oftheregulations whichhave beenorwill established under RCRA. However, by the provisions ofthis chapter, egislature desires to avoid the existence of duplicative, overlappin r conflicting state and federal regulatory systems.

Therefore, the boardis directed to prom ate rules which are consistent with RCRA and the federal regulations opted by the administratorofthe United States environmental protec . n agency to implementRCRA. Farmers and ranchers who treat, stor or dispose ofwaste pesticides from their operations on lands owned 0 ontrolled by them shall not be required by board rules todo anything ore thanfollow theinstructionsonthepesticide label and triple rinse mpty containers in accordance with the RCRA regulations of the vironmental protection agency. The board may not promulgate any Ie that would impose conditions or requirements more stringent or ader in scope than RCRA and the RCRA regulations of the environm 1 protection agency. The board may, however, promulgate prace al rules and rules specifically authorized by this chapter or other sta statuteswithout showingthatthoserules arerequired by ReRAor the

gulations of the environmental protection agency; provided that those**~** 

### .. . 

## .

### I HEALTH AND SAFETY 6 39-4405



### • promulgated by the board shall be valid until it is repealed or modified ugh the administrative process ofchapter 52. title67, Idaho Code. [lC., 9-4404, as added by 1983,00. 154, 

### I I, p. 416; am. 1986, 00. 182, 

### I I, p. 47 am. 1988,ch.6, § l,p.6;ar.n. 1988,ch. 259, § l,p.498;am. 1993,ch. 216, 27, p. 587; am. 1993, ch. 291, § 2. p. 1082.]

Compi • note

.. This section WILl amended b two 1993 acts

- ch. 216, § 27 andth. 291, 2 botheffectlye July 1, 1993­ which do not c flict and have been compiled together.

Theamendmen y ch. 216, § 27inthefirst sentence ofthe sec d paragraph added -fed· eral·foUowing "6901 seq., and"; inthethird paragraph in the pre t first through the third sentences deleted nd replations" fol· lowing "rules"wherevert appeared; inthe present fourth sentence de ted "and regula. tiona" following Mrules" in the rat four places it appears and deleted "rules d" pracedin, "regulations ofthe environmen protection agency."; and in th. present fi sentence deleted "or regulation" following "Any rule· and substituted "chapter 52, title 67. Idaho Code" for "section 67-520I, Idaho Code, et seq."

..

The amendment by tho 291, § 2 in the first sentence of the third p!,rarraph deleted "in substance·preceding "consistentwith RCM" and deleted a former BeCOnd sentence.

Section 2 ofS.L. 1988, ch. 259 is compiled as § 39-4409.

Section 26 ofS.L 1993, ch. 216 is compiled as § 39·4120, and section 28 WILl repealed.

Section 3 ofS.L. 1993. ch. 291 is compiled as f 39-4406.

Section 2 ofS.L. 1986, ch. 182, declared an emergency. Approved April 1, 1986.

. 39-4405. Rules 

### in gener • - Pursuant 

### to the procedures established by the Idaho administrative pro dure act, chapter52, title 67, Idaho Code, the board shall adopt such rule as are necessary and feasible for the management ofthe generation. col etion, transportation, treatment, storage, and disposal ofhazardouswaste :within the state. TIle board shall also adopt such rules as necessary to fe late persons who produce, bum, distribute. and marketfuel containingh ardous waste. The rules promulgatedby the board shall be a part ofthis de and shall have the force and effect oflaw. Such rules shall include, but n t be limited to: (1) Criteriafor the**d~termination** ofwheth anywaste orcombination of wastes is hazardous for the purposes ofthis ch ter; (2) Rules for those who generate, transport, eat, store. or dispose of hazardous wastes;

. (3) Rules, consistentwith thoseissuedbytheUnit d Statesenvironmental protection agency and the United States departme t oftransportation, for containerization, labeling and manifesting ofhazar us wastes; (4) Rules specifying the terms and conditions under ich the department shall issue, modify, suspend, revoke, or deny such pe its as shall be required by this chapter; (5) Lists of those wastes or combinations of wastes wh h are not compatible and which may not be stored or disposed oftogether, (6) Procedures**a~d** requirements for the reporting of the ge ration, transportation, treatment, storage or disposal ofhazardous wastes;

(7) Rules estabJishing standards and procedures for the traini

. personnel at generation sites and at hazardous waste facilities and site (8) Release detection, prevention and correction rules applicable to a owners and operators ofunderground storage tanks, as maybe necessaryto

# l 7 HAZARDQUSWASTEMANAGEMENT 39-4407

occurring naturally that may be disposed of at a commercial hazardous

astefacility or site. [I.C., § 39-4405, as added by 1983, ch. 154, § I, p. 416;

. 1986, ch. 148, § 2, p. 415; am. 2001, ch. 297, § 4, p. 1072.1

iler's Dotea. Sections 1 and 30lS.L. Sec. to sec. ref. This section is referred to 1986, 148 are compiled as §§ 39·4403 and in f 39-4411. 39·4408.

Section f S.L. 2001, ch. 297, is compiled as f 39-440

. 39-4406. neral powers and duties ofdirector.

- The director: (1) Shall tak all actions not inconsistent with this chapter as are necessary and fea 'bIe to enable the department to assume and conti;u.ue primacy over hazar us waste management, pursuant·to RCRA; (2) May conduct an ublish studies ofhazardous waste management in this state; (3) Shall develop, publi , andrevise as necessary a plan for the safe and effective management ofha dous wastes within this state. Such a plan may identify those locations the state which are not suitable for the establishment ofhazardous w treatment or disposal facilities or sites; (4) Shall exercise all powers d discharge all duties expressed in or implied from the othersections of chapter. [I.C., § 39-4406, as added by 

## ( 1983, ch. 154, § 1, p. 416; am. 1993,

. 291, § 3, p. 1082.J

# ~ Compiler's Dotea. Section 2 ofS.L. 1993, th. 291 is compiled as f 39-4404.
39-4407. Identification ofhazardous w es.
- (1) The board shall establish criteria for determining ifany waste 0 combination ofwastes is hazardous or nonhazardous, for the purposes oft . chapter. (2) The board may adopt, and amend from time t time a list or lists of hazardous wastes. The board may, with public not1 e but without the necessity ofa public hearing, list as hazardous anywast r combination of wastes determined 

### to be hazardous by the United Stat environmental protection agency. 

### To accomplishthis goal, theboard mayado by reference the regulations containing the lists of hazardous wastes an the set of characteristics for identifyinghazardous wastes promulgated by e United States environmentalprotection agency pursuantto RCRA Thebo d shall update the regulations adopted pursuant to this section as needed to effect regulatory amendments promulgated by the United States environm tal protection agency. The board may adopt regulations for a state hazardo s waste delisting program equivalent to that set forth in 40 CFR section 260.20(b) and 260.22. The state delisting program shall provide for public notice and opportunity for comment before granting or denying delisting requests. 

### [le., § 39-4407, as added by 1983, ch. 154, § 1, p. 416; am. 1993,

Compiler'. Dote•• Section 5 of S.L. 1993, Sec. tu sec. ref. This section is referred to ch. 291 is compiled as § 39-4410. in §§**39~4411.** 39·4427.

## '~.

### 394408 HEALTH AND SAFETY 8


### 39-4408. Unauthorized treatment, storage, release, use or disposal of hazar40ul waite prohibited.

- (1) 

### No person shall treat or store hazardous waste, nor shall any person discharge, incinerate, release, spill, place, or dispose'any hazardous waste in such a manner that the waste, or any constituent thereof. may enter the environment. unless the departmenthasissued said persona permitor avariance asrequiredfor the specific activity involved or exempted the activity from pennit requirements. (2) Effective six (6) months after the effective date [July 1, 1986] ofthis provision, nonhazardous liquids shall not be disposed of in a landfill for which a permit is required under section 39-4409, Idaho Code, or which is operating pursuant to 

### interim status granted under section3005(c) of ·RCRA, unlessthe owner or operator of the landfill demonstrates to the director that: (a) The only reasonable alternative is placement in a landfill or unlined surface impoundment which contains or may contain hazardous waste; and

. (b) Placementinthe owner or operator'slandfill will not present a risk of contaminationofany existingorpotentialunderground sourceofdrinking water. (3) Waste or used oil or other material which is contalllinated 

### Or mixed with any hazardous waste, other than wastes identified solely on the basis
J 

### ofignitibiHty,shall not be used for dust suppression orroad treatment. (a) Lan al ofany hazardous waste; and 

# U

(b) Storageofany wasteprohibitedfrom land disposal, unless such**s~rage** 

### is solely for the of the accumulation of such quantities of hazardous waste as recovery, treatment or disposal. [I.e., are nece facilitate

§ 

### 39-4408, as**adiJje~n....J..gIR**

Compile.... not... Section 3005(c) of Section 2 ofS.L. 1986, ch. 148 is compiled RCRA referred to in lubaeetion (2) of this as § 39-4405.' seetion is compiled as 42 U.S.C.• ' 6925(c). 

### 39-4409. Permit requirements for hazardous waste treatment, storage, or dilposal facilities.- (1) 

### No person shall construct, operate, or modify a hazardous waste treatment, storage, or disposal facility or site without a permit from**th~** 

### department. The owner oroperatorofthe facility
or siteratherthanthebuilder shallbe responsible for obtaining t.h1! 

### permit. Permitsmaycontainsuch conditionsnecessaryto protecthumanhealth and environment.

. waste treatment, storage, or disposal facilities**trom~t:!!h!e.aaih'@lji~i** if 

### the exemption is in 

### the public in consistent requirements. The fact ass or category of such facilities is not required . a ederal pennit shall be persuasive evidence that an (2) Interim status granted by ReRA 

### or a permit issued by the United ( 

### States environmental protection agency prior to the date that the state 

# U9 HAZARDOUS WASTE MANAGEMENT 39-4409

program is authorizedby the administrator ofthat agency shall be adopted by the department as a state granted interim status or as a state granted permit until the**departmen~** issues a new state permit,CJ?fte 'beMa ma,

(a) Allow other facilities to qualify for interim status; b) Require existing interim status surface impoundments, new units,
r lacement ofexisting units and lateral expansions of. existing interim stat facilities to comply with all regulations which apply to new faciliti

. and (c) Provi for the termination ofinterim status. (3) The bo shall promulgate rules and regulations establishing the terms and condit! s for issuingpermitstothe described facilities and sites. The rules and regul

. ons shall provide for, but not belimited to: (a) Standards and p edures for the safe operation and maintenance of the facilities and sites; (b) Education and trainin uali:flcations ofpersonnel atthefacilities and sites; (c) Contractual commitment or nsent to each facility or site from all holders ofinterests in the real pro committed to that facility or site; (d) Monetary assurances in such fo d amount as are necessary for effective management, maintenance, an onitoring ofthe facilities and sites during and after operation; (e) Evidence of financial responsibility for co 've action on·site and off·site; (f) Liability insurance in such form and amoun compensate for potential damages caused by the fa

. 'ties and sites; provided, that liability insurance shall not be required in he event that liability insurance is not required by the federal regulati s adopted pursuant to the RCRA; (g) Emergency equipment and emergency response plans approp

. te to the facilities and sites; (h) Public participation in the permitting process consistent with (4) Psl'IBits IA81199 issued feF a ,sAed

### ae' is sJlased 

### tea**(lg~** ye&l'8 81' the mDm1:HJl ,lIAlid 

### alliwa. ltft.e1' Reith, \\'hiehe

....er is 

### peater. However,

.permits may be reviewed at least every five (5) years and modified as

necessary to take into account changes in this chapter or regulations promulgated pursuanttoitandimprovementsin technology. Permitsissued to hazardous waste facilities and sites by the department prior to the effective dateofthischapter shallbereissued to conform withtheprovisions of this chapter and the rules and regulations promulgated under this chapter. (5) Any permit issued after the effective date of this provision shall require corrective action to be taken on-site and off·site for all releases of hazardouswaste or constituents, from any solid waste management unit at the treatment, storage, or disposal facility seeking the permit, regardless of the time when the waste was placed in such unit. Permits issued from November 8, 1985, until the effective date ofthis provision shall bereissued to conform with this provision.

### 10 39-4409 HEALTH AND SAFETY 

### (6) Any permit issued under this section may be revoked by the director pursuant to the provisions ofsection 39-4413, Idaho Code, ifthe permitted party fails to comply with the terms and conditions of the permit, this chapter, or the rules and regulations promulgated under this chapter. (7) 

### The department may issue a variance from the requirements ofthe rules andregulationspromulgated under this section, if, in thejudgment of the director, application of the requirements would cause unreasonable hardship and the grantingofa variance would not be 

### harmful to the public interest or**incon~istent** 

### with RCRA requirements. A 

### variance shall not exceed one (1)

### year in duration and may be 

### renewed orextended only after the department provides public notice and an opportunity for public comment. (8)(a) The director ofthe department may issue a research, development and demonstration permitfor anyhazardous waste treatmenttechnology orprocessfor which permit standardsfor suchexperimental activityhave not been promulgated. Any 

### such permit shall include such terms and conditions as will 

### assure protection of human health and the environment. Such permits shall: 1. 

### Provide for the construction·ofsuch facilities, as necessary, and for operationofthefacility for notlonger than one (1)

### year (unlessrenewed as provided below); and

. . 2. Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the director deems necessary for purposes ofdetermining the efficiency and performance capabilities ofthe technology orprocess and the effects ofsuch technology or process on human health and the environment; and 3. Include such requirements as the director deems necessary to 

### protecthuman health and the environment (including, but not limited to, requirements regarding monitoring, operation, insurance or bonding, financial responsibility, closure, and remedial action); and 4. 

### Include such requirements as 

### the director deems necessary regardingtesting and providing ofinformation to the director with respect to 

### the operation ofthe facility. (b) The director may apply thecriteria setforth in paragraph (a) ofthis subs.action in establishingthe conditions ofeachpermit without separate establishment ofregulations implementing such criteria. (c) For the purpose ofexpediting review and issuance of permits under this subsection, the director may, consistentwiththeprotection ofhuman health and the environment, modifY or waive permit application and permit issuance requirements established·in the general permit regulations except that there may be no modification or waiver ofregulations regarding financial responsibility (including insurance) or of applicable public participation procedures. (d) The director may renew a research, development and demonstration permit which has been issued pursuant to this subsection. The renewal term shall be no longer than one (1) 

### year. A 

### permit shall not be renewed
more than three(3) times. [I.e., § 

### 39-4409, as addedby 1983, ch. 154, § 1, p. 416; am. 1986, ch. 148, § 4, p. 415; am. 1987, 

### ch. 102, § 1, p. 

### 204; am. 1988, 

### ch. 7, § 1, p. 7; 

### am. 1988, ch. 259, § 

### 2, p. 498.]11 HAZARDOUS WASTE MANAGEMENT 39-4410
Compiler's Dote.. This section was The words enclosed in parentheses so apamended bytwo 1988 actswhich appearto be peared in the law as enacted. compatible and have been compiled together. Section 5 of S.L. 1986. ch. 148 is compiled

The amendment by ch. 7, in the first sen­ as § 39-4411. tence of subsection (5), inserted Mjssued"; and Sections 1 and 3 of S.L. 1988. ch. 259 are
­ added subdivision (8)(d).

­ compiled as §§ 39-4404 and 39-4413. respec­

The amendment by ch. 259, in subdivision tively. (2Xb), inserted "existing interim status sur­ Sec. to sec. ref. This section is referred to face impoundments"; and in the first sentence in §§ 39·4413. 39-4426. 39-4427. ofsubsection (5), inserted Missued."

promulgatehazardouswastetranaportationrules andregulations to control
eintrastate andinterstatetransportation offederallyregulatedtypes and qu tities ofhazardouswaste. Therules andregulations shall be consistent with e rules and regulations issued by the United States department of transp tion and theUnited States environmental protection agency. The rules an gulations shall also be consistentwith therules andregulations 'of the Id public utilities commission unless such consistency would impair the p' acy or the effectiveness of the state's hazardous waste management p am. In thatcase the board shall confer withthe commission and endeavo develop mutually**acc~ptable** transportation rules and regulations. Ifmu y acceptable rules and regulations cannot be developed, the board shall omulgate transportation rules and regulations that minimize contlict with commission's rules and regulations while assuring the primary authority d effectiveness ofthe state's hazardous waste management program. Rules d regulations so promulgated by the board shall prevail over contlicting s and regulations ofthe commission. (2) Thehazardous wastetrans rtationrules-and regulations shall apply to all transporters offederally regu ted types and quantities ofhazardous waste generated either by themseI s or by others. These rules and regulations shall apply to anymovemen ofa regulated quantity ofhazardous wastes to or from a hazardous waste eillty or site. (3) The hazardous waste transportation rules and regulations shall provide for but not be limited to: (a) Standards for the containerization and lab ingofhazardous wastes; (b) Standards for the handling and placarding 0 azardous waste shipments; (c) A hazardous waste tracking system requiring tha

. (i) All transporters of federally regulated types d quantities of hazardous waste obtain anidentification number from the environmental protection agency, or another- approv gram, before accepting hazardous waste for transport; department,

(ii) All shipments of federally regulated types and quantitie of hazardous waste to be shipped off site or received from off s e be accompanied by a manifest or similar form describing the hazar waste being shipped and its destination; (iii) A copy of each manifest or similar form be returned to generator andlor originator ofthe shipment and a copy be retained by

### _ 12 39-4411

nts. vide for special routing ofhazardous waste shipments in this state when necessarytoprotect thepublic health, thepublic safety, or the environment

onsistent with federal statutory, regulatory -and constitutional require­
No commercial hazardous waste disposal facility or site permitted unde section 39-4409. Idaho Code, shall receive regulated quantities of hazar us waste as defined by federal law 

### from a motor vehicle or trailer unless t hazardous waste is 

### accompanied by a proper manifest and. the transporte haS obtained a special permit 

### from the Idaho transportation department provided in sections 49·2202 and 49-2203, Idaho Code. Ifan_ improperlydo mentedshipment ofhazardouswaSte arrives ata permitted commercial haz dous waste facility or site, the owner or operator of the

- facility or site sn 1

### immediately notify the Idaho transportation department and the Idah tate 

### police and follow the

### requirements of

### itspermits and licenses for noti ation of appropriate agencies. [I.C., § _ 

### 39-4410, as added by 1983,

### cb. 154, I, 

### p. 416; 

### am. 1984, ch. 205, § 

### 2, p. 502; 

### am. 1986, ch.23l,§ l,p.627;aID. 88,ch. 265, § 

### 568,p. 549; 

### am. 1993, ch. 291, § 

### 5, p. 1082; aID. 2000, 

### ch. 469, 98, p. 1450.1

CompO

.....note•• Sections 1and fS.L. January 1. 1987; provided. howev81', that the 1984, ch. 206 are compiled asfl 39-44 and IdahoTransportationBoard andIdahoTrans· 39-4417B, respectively. portation Departulent shan be authoriled to

Section 2 of S.L. 1986, c:h. 231 is compi) permit any penon renewing or purchasing a aa § 39-44178. vehicleresiatration on and afterJuly 1.1986.

Sections 567 and 569 ofS.L. 1988. eh. 265 to acqUir. a vehicleregistration sndoraement are compiled as if 3fi..lS0l and 39-4426. 'or to January 1, 1987, and any rec::eipta

Section 4 ofS.L. 1993, ch. 291 ia compiled rom 

## ahan be placed in the Hazardous as § 39-4407. Ma riaJIHasardou8 Waste Transportation

Sections9'1 and99ors.L. 2000, ch. 469, are Enii ementAccountwhich is created in aec­ compiled as §f 39·3562 and 39-5814. reapee­ tion 4 607, Idaho Code lamended and re­ tively. desipa atf 49-2205). whicbisenactedby

Section 5 of R.L. 1986, ch. 231. read: "An Section 4. f this act and Beetion 49-2507, emergency existin, therefor, whic:h emer­ Idaho Code, bieh is enacted by Section " or gency is hereby declared to 

# .xiat. Section this aetshall in

## fan force and etreeton and 49-2512, Idaho Code lamended and redesig­ after July 1. 1 . Approved April 3. 1986." nated as § 49-2210). which i. enacted by Section 586 0 .L.1987, c:h. 265 provided Section 4 orthis act ahall be in fun foree and that the act ahoul become etractive on and

- effect on and "fter this act's paala. and after January 1, 19

approval. TheremainingprovjsionsofW. act CI'CNJ.retMotor C shan be in full force and effeet on and after 61-818.


### 39-4411. 

### Records

- ReportinlJ- Monitoring.

- 

### (lJ the provisions ofsection 39-4405, Idaho Code. the board shal dopt. and amend as necessary, such rules relating to 

### records. reporting. an ing as may be needed to achieve the purposes ofthis chapter. The rules may include, but shall not be limited to, prescribing procedure and requirements for: (a) The establishment, maintenance, and format ofrecords and repo (b) The submittal ofrecords and reports; (c) The taking ofsamples and the performing 

### oftests and ofanalyses; (d) The use ofapproved monitoring methods and techniques; { 

### (e) The installation, calibration, use, and maintenance of monitoring \ 

# U13 HAZARDOUS WASTE MANAGEMENT 39-4411
(0 ry'he pro,isioll ohele.snt: hd'ermstion to the aepartme!d. (2) Sixty (60) days after promulgation ofthe criteria and lists specified under section 39-4407, Idaho Code, and the rules required under section 39-4405. Idaho Code, and subsection (1) of this section, the generation, transportation, treatment, storage, or disposal ofa hazardous waste in this state by any person without reporting such activity 

### to the department as required by the rules issued pursuant to subsection (1) ofthis section shall be unlawful.
other representa v nt under any provisions of this chapter, shall be subject to disclosure according 0 daho (4) Effective January 1, 1996, each generator shall, at the discretlon of the director, no later than thirty (30) days after the end ofeach calendar year submit a written annual report 

### to the department including the following information: (a) The types and quantities ofhazardous wastes generated; (b) The types and quantities ofsuch wastes shipped for treatment and disposal by landfilling or othermeans ofdisposal; (c) The types and quantities ofsuch wastes remaining in storage at the end ofthe reporting period; (d) Whether such wastes are destined for disposal or treatment in this 

# ,( state or whether such wastes are destined for disposal or treatment outside this state. 

# \.." (5) Effective January I, 1996, theoperator ofeach commercialhazardous waste disposal facility or siteinthe stateshall.no laterthan thirty (30) days after the end ofeach calendar year, submit a written annual report to the department providing information on the types and quantities of wastes received which were generated in Idaho, and information on the types and quantities ofwastes received which were generated in other states.



### . 

# . the g or and the legislature detailing the types**~d** quantities of hazardous wa enerated in this state, the types and quantities ofsuch wastes shipped for tr nt and disposal by landfilling or othermeans of disposal, thetypesand quan 1 f suchwastesremainingin storageatthe end of the most recent reporting pe . d the types and quantities of hazardous waste generated outside this state hipped into this statefor storage or disposal. (l.C., § 39-4411, as added by 19, 154, § I, p. 416;
am. 1984. ch. 258,§ 1,p. 618; am. 1986,ch. 148,§ 5,p. 41, 1990,ch. 213, § 43, p. 480; am. 1993, ch. 291, § 6,p. 1082; am. 1996, ch. 125,

.

Compiler'. Dote

..Sections 4 and 6 ofS.L. 1986, ch. 148 are compiled as §§ 39·4409 and 39-4413.

Section 42 ofS.L. 1990, ch. 213 is compiled
as § 39·1393.

Section 7 ofS.L. 1993, ch. 291 is compiled
as § 39-4416. Section 3 ofS.L. 1998, ch. 125 is compiled as § 39·117.

Section 5 ofS.L. 1998, ch. 125 declared an emergency. Approved March 19, 1998.

Section 2 ofS.L. 1996. ch. 125 declared an emergency and provided that the act should be in full force and effect on and after itsHEALTH AND SAFETY 14
paSIa,8 and approval and retroactive to Jan­ See. to lee.reI, This section is referred to uary 1, 1996. Approved March 8, 1996. in t 39-4429. 39-4412



### s chesconductedunderthe authorityofthis chaptershall

### beperformedin
con rmity with the prohibitions against**unreasonabl~** 

### searches and**sei~** 

### ntained in 

### the fourth amendment to the constitution ofthe United States d article I, section 17, ofthe constitution ofthestate ofIdaho. The state sh I not, under the authority granted by this chapter, conduct warrantIe administrative searches ofprivate property in the absence of eitherconse from theproperty owneroroccupier orexigent circumstances such 8S 

### a pub health or environmental emergency. (2) For the p ses of developing or enforcing any provision of this chapter or any e or regulation authorized by 

### this chapter, any duly authorized state IOyee or representative may, upon presentation of appropriate credenti at any reasonable time: (a) Enter upon any p 'vate or public property where hazardous wastes areorhavebeen genera ,transported, treated, stored, or disposed ofto inspect and to secure s les ofsuch wastes, their containers, and their labels; (b) Enter into any aircraft, icIe, vessel. rail car. traUer, van, or other
means ofconveyance whereha rdouswastes

## are or have been contained to inspect and to secure sampl of 

### such wastes, their contamers, and their labels; (c) Enter anyprivate or public prop y, or means ofconveyance, where records. reports, information or test suits relating to the generation. transportation, treatment, storage, or d sal ofhazardous wastes exist to inspect and copy such documents. (3) Upon request by an authorized agent 0 

### a property owner or facility operator, the department shall provide the perty 

### owner or facility operator with a receipt for samples taken and a py of sample analysis. Duplicate samples shallsimilarlybeprovidedupon uestif

### therequesting party agrees to 

### have the samples analyzed and to 

### s the results ofthe analysis with the department. (4) The right ofentry ofa duly authorized state emplo ee orrepresentative shall not be subject to the waiver ofany potential to liability ofthe facility owner or operator. The right ofentry ofa duly auth

.zed state or health district employee shall not be subject to any confidenti 'ty requirements other than those specified in section 39-4411(3), Idaho ode,. and chapter 3, title 9, Idaho Code, The right ofentry of a private c tractor working in a representative capacity for the department may, hower, be made subject to additional confidentiality requirements so long as ose reqwrements do not interfere unreasonably with the development ofi 

### ormation by the department or the transmission of infonnation from t



### agency_ (5) Any magistrate or district court judge is contractor·to thedepartment orthe United Statesenvironmental protection15 HAZARDOUS WASTE MANAGEMENT 39·4413



### I, p.

C piler'. Dotes. Section 45 ofS.L. 1990, vided that §§ 3 through 45 and 48 through ch. 2 is compiled as § 39-5211. 110 ofthe act should take effect July 1, 1993

Secti 111 of S.L, 1990, ch. 213 as and that §§ 1, 2, 46 and 47 should take effect 'Y § 16 of S.L. 1991, ch. 329 pro- July 1, 1990.
Enforcement procedures.

- (A) Whenever the director amend

determines at anyperson is in**vio~ation** ofanyprovision ofthis chapteror anypermit, s dard, regulation, condition, requirement, compliance agreement or order i ued or promulgated pursuant to this chapter, one or more ofthe following a: tions may be taken: (1) 

### ADMINIS TIVE ENFORCEMENT ACTIONS. (a) Notice. The di ctor may commence an administrative enforcement action byissuing a 'tten noticeofviolation. The notice ofviolation shall

. identify the alleged vi atioD with specificity, shall specify each,provision

ofthe act, rule, regulati ,permit or order which has been violated, and shall state the amount 0 civil penalty claimed for each violation. The notice ofviolation shall in nn the person to whom it is directed of an opportunity to confer with e director or the director's designee in a compliance conference conce 'ng the alleged violation. A written response may be required within en (15) days ofreceipt orthe notice of violation bythe person to whom 1 is directed. (b) Scheduling Compliance Confe nee. If a recipient of a notice of violation contacts the departmentwit 'n fifteen (15) days ofthe receipt of notice, the recipient shall be entitled a compliance conference. The conference shall be held within twenty ( ) days ofthe date ofreceipt of notice, unless a later date is agreed up between the parties. If a compliance conference is not requested, the irector may proceed with a civil enforcement action as provided in subs

.on (3) oftIp.s section. (d Compliance Conference. The compliance co erence shall provide an opportunity for the recipient of a notice of V1 lation to explain the circumstances ofthe alleged violation and, where a ropriate, to present a proposal for remedying damage caused by the aile d violation and for assuring future compliance. Ifthe recipient and the 'rector agree on a plan to remedy damage caused by the alleged violati and to assure future compliance, they may enter into a consent order fo alizing their agreement. The consentordermayinclude a provision forp entofany agreed civil penalty.

, (d) Effect ofConsentOrder.Aconsentorder shallbe effective i ediately

upon signing by both parties and shall preclude any civil enfc cement action for the same alleged violation. Ifa party .does not comply the tenus of the consent order, the director may seek and obtain i any appropriate district court specific performance ofthe consent order such other reliefas authorized in this chapter. (e) Failure to Reach Agreement on Consent Order. Ifthe parties canno

### {**39-4413~** 

### HEMTIlAND.BAFE'J'Y 16 

# U

'rector may compliance conference pursuanttosubsection (A)(l)(b) ofthis section, the
commence and prosecute a civil enforcement action in dl trict court, in accordance with subsection (A)(3) ofthis section. (2) ERMIT SUSPENSION OR REVOCATION PROCEEDINGS. (a) ounds. Thedirectormayrevoke or temporarily suspendthe pennit ofany azardous waste facility or site pursuant to the grounds provided in subse ion (6) ofsection 39-4409, Idaho Code. A violat n that is shown to have occurred as the result ofan unforeseeable. act God despite a permittedparty'sreasonable effortsto comply with all appli ble legal requirements shall not be grounds for a suspension orrevoca n. (b) Notice ofHe ·ng. The'director shall commence a permit suspension·
or revocation actio by giving a permitted partya written notice ofintent to suspend orrevok The notice shallinform thepermitted party of**f~cts** or conduct which w ant suspension or revocation of the permit. The notice, hearing, and re d requirements for contested cases containedin the Idaho administrative rocedure act, chapter 52, title 67, Idaho Code, and subsection (A)(2)(c) of 's section shall applytoproceedingsinitiated under this subsection. 

### &VO tion or suspensionofa permit shall become final fifteen (15) days after d ivery ofthe notice ofintent to revoke or ( suspend unless the permitted y requests a hearing. (c) Administrative HearmgProv ions. 

# r (i} Upon a timelyrequestbya p itholderf()r a hearingto reviewthe 

# U
director's action under subsection )(2)(b) ofthis section, the director shallpromptly conduct a hearing 0 to thepublic. The contested case provisions ofthe Idaho administrati procedure act shall apply to all hearings conducted under this subsect n. (ii) The director shall have the authori to request from the district court in and for Ada county or any other propriate district court the issuance of an order in the nature of a ubpoena compelling the attendance and testimony of witnesses and e production before the director ofpapers, books, drawings, documen test results, and other evidence relevant to a permit suspension orrev tion investigation or adjudication. 

### <ill) Afterthe hearing;the directorshall issue a wri en opinion setting forth findings of fact, conclusions of law and an 

# or r. 

### An aggrieved person subjectto thedirector'sordermayseekitsrevie as a final order in a district court as provided by the Idaho administra 've procedure act. Districtcourtreview ofthe director's decision shall be itedto the record developed before the director. (3) CML ENFORCEMENT ACTION. The attorney general ay commence and prosecute in district court a civil enforcement acti

. Civil enforcement actions shall be commenced and prosecuted in the

. trict court 

### in and for the county in which the alleged violation occurred, nd may be brought against any person who is alleged to have violated y provision of this chapter or any rule, regulation, permit, conditio17 HAZARDOUS WASTE MANAGEMENT 

### 39-4414

ny provision ofthis chapter orwith anyrule, regulation, permit or order

omulgated hereunder, and for anyrelieforremedies authorized in this 

### ell ter. The director shall not be required to initiate or prosecute an a

.. strative action before the attorney general may commence and prose 

### te a civil 

### enforcement action. In addition, the attorney general may d egate this authority regarding civil enforcement actions to the g attorney ofthe county where a civil enforcement action may arise. (B) 

### ACTIO S 

### AGAINST GUARANTORS. Ifthe owner or operator is in bankruptcy, reo anization or other arrangement pursuant to the federal bankruptcy code, r wherejurisdiction cannotbe obtained over an owner or operator likely to solvent at the time ofjudgment, an action may be brought directly ag st a guarantor offinancial responsibility by the state or any injured party any claim arising from conduct for which guarantees offinancial respon 'bility have been made. The guarantor may invoke all rights and defenses

. ch would have been available t.o the owner or operator and all rights an 

### defenses normally available to the guarantor.

(C) 

### LIMITATION OF 

### A ON FOR ADMINISTRATIVE AND CML COURT PROCEEDINGS B 

### UGHT UNDER THE 

### PROVISIONS OF THIS CHAPI'ER. No civil or a inistrative proceeding may be brought to recover for a violation ofthis eba ter or any permit, standard, regulation, condition, requirement or order i 

### ued or promUlgated pursuant to 

### this chapter more than two (2) 

### years a the director had knowledge or ought reasonably to have had knowledge 0 

### the violation. [I.C., § 

### 3g..4413, as added by 1983, th. 

### 154. § 

### I, p. 416; am. 86, th. 148, § 

### 6, p. 415; am. 1988, ch. 259, § 

### 3, p. 

### 498; am. 1989, ch. 38, § p. 

### 49.J

CompiJer's notes. The federal bankruptcy Sectl 2 ofS.L. 1988, th. 259 is compiled code referred to in lIubsectiOD (B) of this as § 39- 09. section ill compiled as 11 U.S.C., § 101 et seq. Sec. to

. ref. Thill section is referred to

Section 5 ofS;L. 1986, ch. 148 is compiled in If 39·44 .39·4429. as f a9-44l1.

394414. 

### Remedies.

- The remedies specifie section are cumulative and nonexclusive. (1) 

### MONETARY PENALTIES. (a) Any person who makes a false statement or rep sentation in any application, label, manifest, record, report, permit or ther document filed, maintained, orused for thepurposeofcomplyingwit theprovisions ofWs chaptershall be 

### liable for a civil penaltynotto exceed enthousand dollars ($10,000) for each separate violation or for each day a continu· ing violation. (b) Any person who violates this chapter or any permit, s regulation, condition, requirement, compliance agreement, or 0 

### sued or promulgated pursuant to this chapter shall be liable for civil penalty not to exceed ten thousand dollars ($10,000) for each sepa te· violation or for each day ofa continuing violation. (c) The imposition or computation of monetary penalties may take int



### . ... 

## .HEALTH AND**SAFETY·~·** 

### 39-4414 

### 18



## , enalty is directed to implement a supplemental environmental project.

r purposesofthis section, "supplemental environmental project"means a oject which theperson is nototherwise required to perform andW

### ruch prev ts pollution, reduces the amount ofpollutants reaching the envi­ "ronm 

### t, contributes to public awareness of environmental matters, or enhanc the quality of the environment. In evaluating a particular suppleme tal environmental projectproposal, preference maybe given to those proj ts with an environmental benefit,which relates to the violation ort e objectives oftheunderlying statutewhich wasviolated, or whichenha'nc the quality ofthe environmentin the general geographic location where e violation.occurred. (2) ASSESSME OF COSTS. 

### Any person who violates this chapter or any permit, standard, egulation,condition, requirement, compliance agreement, or order issued r promulgated pursuant to this chapter ,may be 

### asseSsed for: (a) The state's costs for y 

### nonroutine investigations, inspections, monitoring, or surveys which ad to evidence ofthe violation; (b) Thestate'scosts,inclu g thereasonablevalueofattorneys'services, for preparing and litigatingt 

### e cas!!; (c) The state's costs for mitiga' g. removing. correcting or terminating adverseeffects upon soil, air, or terqualityresultingfrom theviolation; (d) The state's costs for impoun g, storing, and disposing ofcontaminated property; " (e) Compensation for damages to pu licly held resources including but notlimited to, land, water, recreational ses, wildlife, fish and aquatic life to restore the resource to its highest pre

.ous use; (f) 

### Compensation foi' 

### damages to privatel held resources including, but not limited to, livestOck, land, water, or er personal property, and compensation for court costs allowed by sta te, reasonable attorney's fees for trial preparation and trial ofthe case, d all other reasonable costs oftrial preparation and trial ofthe case; (g) Compensation for damages to personal healtll nd compensation for court costs allowed by statute, reasonable attome fees for trial preparation and trial of the case, and all other reason ble costs of trial 

### preparation and trial ofthe case; (h) The imposition or computation of costs may take 1 

### to account the seriousness ofthe violation and good faith efforts to campI with the law. (3) RESTRAINING ORDERS, INJUNCTIONS AND OTH RELIEF. (a) Any person who violates any provision ofthis chapter or y permit,

, standard, regulation, condition, requirement, compliance agre ent, or

order issued or promulgated pursuantto this chapter shallbe su6 ct 

### to a permanent or temporary irijunction, restraining order, or othe relief deemed appropriate. Upon a showing to the court that a violati is causing an imminent hazard 

### to the public health, the public safety. 0 

### to the environment, the department need not allege or prove at any stage the proceeding that long-term irreparable damage 

### will occur should the



## . "19 HAZARDOUS WASTE MANAGEMENT 39-4416

aste facility or site which is established or operated in violation ofthis
c pter or any standard, regulation, condition, requirement, compliance ement, or order issued or promulgated pursuant to this chapter.



### YMENT TO HAZARDOUS WASTE EMERGENCYACCOUNT. All moneys llected by the department pursuantto subsections (1), (2) and (3) of this s tion to resolve any enforcement proceeding instituted under section 39- 413,' Idaho Code, shall be paid into the hazardous waste emergency a ountcreatedby section 39-4417, IdahoCode. [I.C., § 39-4414,
as added by 1 3, ch. 154, § 1, p. 416; 

### am. 1984, ch. 157, § 1, p. 383; am. 1997, ch. 94, § p. 219.]

Compiler'.**Dot~..** ion 2 of S.L. 1997,

,ch. 94 is compiled as § 3 108.
394416. Violation constitutingmisdemeanors.

- (1)**~y** person who knowingly makes a false statement or representation in any appli. cation, label, manifest, r ord, report, permit, or other document filed, maintained or used for the ose ofcomplying with the provisions ofthis chapter shall be guilty ofa . demeanor and subject to a fine ofnot more thantenthousanddollars ($10, 00) or toimprisonmentnottoexceedone (1) year, or to both, for each separa violation or for each day ofa continuing 

# ( violation. (2) Any person who knowingly lates any**provisio~** of this chapter or 

# \..." anypermit, standard,regulation, con 'tion,requirement, compliance agreement, or order issued or promulgate ursuant to this chapter shall be guilty ofa misdemeanor and subject to a neofnot more than ten thousand dollars ($10,000) or to imprisonment not exceed one (1) year, or to both, for each separate violation or for each day a continuing violation. (3) An actionmaybe commenced andpros uted by the attorneygeneral. The director shall notbe required to initiate or rosecute 

### an administrative
or civil action before the attorney general may mmence and prosecute a criminal action. [I.C., § 39-4415, as added by 198 ch. 154, § 1, p. 416; am, 1984. ch. 54. § I, p. 94.1

394416. Citizen suits. -.(1) Except as provide in subsection (2) of this section. any person who has been injured or dam ed by an alleged violation of any permit, standard, regulation, condition, requirement, or orderwhich has become effective pursuant to this chapter, ay commence a civil action on thatperson's own behalfagainst anyperson leged to have committed theviolation. Aperson commencing an action unde this section shall be required to file a bond or equivalent security in an arno t not less thanonethousand dollars ($1,000) or inconformance with thereq 'rements of rule 6S(c) of the Idaho Rules of Civil Procedure if injunctive lief is sought. (2) No action maybecommenced undersubsection (1)ofthis section 1 departmenthas commenced and is diligentlyprosecuting an administrat civil, or criminal action to require compliance with the law. Further,the

### i ···39-4417-

. HEALTH AND SAFETY. 

### 20

.dence oC

### the violation upon which the citizens' action is based. However,

e department commences an action in a court ofthe state ofIdaho, any int estedpersonmay intervene as providedinrule24(a) oftheIdahoRules OCCl 

### '1 Procedure.

. (3) any action under this section. the department mayintervene as a matter right. (4) Wh issuing any final order in any action brought pursuant to this section. th court may award costs of litigation. including reasonable attorney and xpert witness fees, to any prevailing party. whenever the court determin such an award is appropriate. except that the state of Idaho shall not required to pay such costs in any citizen suitwhere the state has become a arty. . '

(5) Nothinginthis ection shallrestrictanyrightwhich a person, or class of persons. may have der any other statute or the common law, [I.C., § 

### 39-4416. as addedby 83, ch. 

### 154. § 

### 1. p. 416; am. 1993. ch. 291, § 

### 7. p. 1082.]

Compiler'.Jloiea. Semons 6 and ofS.L. 1993. ell. 291 are compiled as II 39-44 and 39-4427. respectively.

39-4417. 

### Hazardous waste e ergeney account.

- (1) 

### There is hereby created an account in the ate treasury to be designated the hazardous waste emergency account. (2) The account shall consist ofmone the legislature. moneys allotted to the a nt asa result ofdepartmental compliance proceedings, moneys allotted to e.account in 

### a court ordered award or judgment, moneys allotted to' the count in a. court approved settlement, and moneys contributed to the acco t 

### from other sources.

(3) Moneys in the account may be 

### used by the irector in the case ofa hazardous waste emergency to pay the necess costs of preventing, neutralizing, ormitigatinganythreattothe publiche h orsafety, or

### to the enVironment caused by that emergency. (4) Theboard may promulgate**regul~tions** 

### for the with awal and use of funds from the account as specified in subsection (3) ofthi action. (5) All moneys placed in theaccount areherebyperpetuall ppropriated 

### to the department for the purposes described in 

### subsection (3) of this section. All expenditures from the account shall be paid out in warrants drawn by the state controller upon presentation ofthe propervou ers.

(6) Pending use, surplus moneys in the account shall be 

### invested the state treasurer in the same manner as provided under section 67- 10, Idaho Code. Interest earned on the investments shall be returned to e account. 

## [I.e., § 

### 39-4417, as added by 1975, ch. 180, § 

### 2, p. 486; am. 199

Compiler'. note

.. Section 241 of S.L. amendment to the Constitution of Idaho 1994, ch. 180 provided that such act should changing the name of the state auditor to become efT'ective on and after the first Monday state controller /1994 S,J.R. No. 109, p. 1493J in January, 1995 (January 2, 1995) if the was adopted at the general election held on 

# f '-.·.' J

!

# U

('

... 

# VHAZARDOUS WASTE MANAGEMENT 21

r (



# \.,­ was adopted: the amendment to this section tively. § 74 ofS.L. 1994, ch. 180 became etTective Sec. to lee. ref. This section is referred to J uary2, 1995. in § 39-4414. ctions 73 and 75 ofS.L. 1994, ch. 180 are 

### [Reserved.]
Hazardous waste management account. [Repealed.]
Compiler's notes. § 39-4417B, which § 2, p. 627; am. 1997.ch. 313. § I, p. 926, was comprised I.e., 39-4417B. as added by repealed by S.L. 1999, ch. 290, § I, p. 718, 1984. ch.205. § , .502; am. 1986, ch. 231. effective July I, 1999.

39-4418. 

### Loc government notice.

- A

### permit for a new hazardous waste land disposa acility or site shall not be issued until the department has given ninety (90 days' notice to the board ofcounty commissioners of 

### the county in 

### which e 

### proposed facility or site is to be 

### located. [lC., § 39-4418. 

### as added by 83, 

### ch. 154, § I, 

### p. 416.]

39-4419. 

### Interstatec 

### eration.

- The director shaU havethepower and the duty to encourage c 

### perative activities between the department and otherstates for theimprov d management ofhazardou8wastes, and so far as 

### is practical, toprovidefor iform stateregulations and for interstate agreements relating to hazardous aste management. The statemay enter intosuch agreementswith othersta s to accomplish thepurposes as

### setout in this chapter. [I.C., § 39-4419, 

### as a ded by 1983, ch. 154. § 1, 

### p. 416.]
39-4420. 

### Employment security. (1) 

### No employee of a hazardous waste ienerator, transporter or treatmen storage, or disposal facility or site shan be 

### dismissed, suspended, or 0 'Be 

### discriminated aiainst because the employmenttestifies, provides in rmation or otherwise assists in the enforcement or administration ofthe pr 'sions ofthis chapter. (2) Any 

### employer who knowinglyviolates the ovisions ofsubsection (1) 

### of this section shall be liable for damages, c d attorneys' fees. in addition to any 

### other liability for relief authorized 

### this chapter, by any other statute, orby thecommon law. 

### Cle., § 39-4420. 

### added by 1983. 

### ch. 154, § 1, p. 416.]

39-4421. Good samaritan 

### protection.

- (1) 

### Notwl tanding 

### any provision oflawto thecontrary, no person whoprovides assis ce oradvice in 

### mitigatingorattemptingto mitigatethe effects ofan actual threatened leakaie, seepage, or other release of hazardous waste. or in 

### cleaning up, or disposingofor in 

### attemptingto prevent. clean up dispose of any such leakage, seepage or other release, shall be subject 0 

### civil liabilities or penalties ofany type. (2) The immunities provided in subsection (1) ofthis section above not apply to any person: (a) Whose act or omission caused in 

### whole or in 

### part such actual threatened leakage, seepage orotherrelease and who would otherwise be 039-4422 HEALTH AND SAFETY 22**poc:Jte~:xpenses** 

### for services in rendering such assistance or advice. (3) Nothi

. section (1) 

### above shan be construed to limit or otherwise affect the liability person for damages resulting from such person's gross negligence, or from person's reckless, wanton, or intentional misconduct. 

### (I.C., § 

### 39-4421. as d by 1983, ch. 154, § 

### I, p. 416.]

39-4422. Severability.

- Theprovisions 0 

### ctareherebydeclared to be severable and if any provision of this act or the

.cation ofsuch provision to anyperson or circumstance is declared invalid for reason, such declaration shall not affect the validity ofremaining portions 0



### , 

# . •

Compiler'.Dot

...Forworda "thi. act"see Compiler'. notes, I 39-4401. 

### 39-4423. 

### Disposal of

### reatricted hazardoua wastea prohibited.

­ (1) 

### Notwithstanding any other provision oflaw to the contrary, no person shall 

### discharge, deposit, h\ject, dump, spill, leak, or place any restricted hazardous waste, as defined in section 39-4403, Idaho Code, into or on any land orwater at a commercial hazardoua waste facility or site. (2) The department may issue a variance from the requirements of subsection (1) ofthis section, if, in

### thejud(pllent ofthe director, application ofthe requirements would cause undue hardship and the granting of

### the variance would not be 

### harmful to the public 'interest or inconsistent with RCRA requirements. In issuing the variance, the direCtor shall take**~to** 

### account:

Ca) The long.term uncertainties associated with land disposal;· (bl Thegoal ofmanaginghazardous wastesin an appropriate mannerin the first instance; and (c) 

### Thepersistence, toxicity, mobilitY, and propensitytobioaccumulate of auch hazardous wastes and theirhazardous constituents.
leve methods oftreatment, ifany, which substantially diminish the toxicity 

### oft steorsubstantially reducethe likelihood ofmigration of hazardous constitu om the waste so that short-term and long.term threats to 

### human health e environment are minimized. (b) Ifsuch restricted hazardous w as been treated to thelevel or by
a method specified in regulations promUiJRjatea such waste or residue thereofshall not be 

### subj the prohibition in subsection (1) of this section and may be dispOsed of

### in d dispo,al ' facility which meets the requirements ofthis chapter. [I.C., § 39·



# . . Compiler'. Dot

... SectiOD 1 ofS.L. 1986. \, " ch. 324 is compiled as § 39·4403. 

### (

"

# ~23 HAZARDOUS WASTE MANAGEMENT
39-4424. Disposal ofmanifested waste.

- Manifested waste, as that term is defined in section 39-4403, Idaho Code, shall only be treated, stored
or disposed of in this state at a permitted hazardous waste treatment, storage or disposal facility unless the burning ofsuch manifested waste to produce heatisotherwiselawful. 

## [I.e., §**39~4424,** as addedby 1989,ch. 253. § 2, p. 626.]

.

Compiler'. Dotes. Section 1 ofS.L. 1989, Section 3 ofS.L. 1989, th. 253 declared an ch. 253 is compiled as f 39-4403. emergency. Approved March 29, 1989.

nmental quality'shall assign a sufficient number of. employees and

'pment to inspect hazardous waste facilities or sites permitted under
sec n 39-4409, Idaho Code, and located in Idaho where disposal of hazar us waste occurs for the purpose of assuring the protection ofthe health safety ofthe public by monitoring the receipt and handling of hazardous astes'which have been transported by common camero (2) All em oyees ofthe department designated pursuant to subsection (l) ofthis secti shall alert proper authorities or peace officers.regarding violations pursu to this chapter, violations pursuant to title 49. Idaho Code, andviolations anyrulesissuedpursuantto section 67-290lA,Idaho Code. (3) All actions brough or violations ofthe provisions ofthis chapter or rUles promulgatedpursuan hereto shall be brought as provided for in this chapter.All actionsbroughtfo violations oftheprovisions oftitle 49. Idaho Code, shallbebroughtas provid inthattitle. (I.C., § 39-4426, as added by 1984, ch. 205,§ 4,p. 502; aJn. 198 ch.231,§ 3,p. 627; 

### am. 1988,ch.265, § 569, p. 549; am. 1999. ch. 383, § p. 1051; aJn. 2001, ch. 103, § 46, p. 253.]

Compiler'. DOtu. SectioQ 3 ofS.L. 1984, Sa ns 45 and 47 ofS.L. 2001, ch. 103 are

, th. 205 was repealed. compi! II 39-4403 and 39-4428, respecSection 4 ofS.L. 1986, ch. 231 is compiled tively. as f 49-2201

- 49-2212, and section 2 was Section 58 ofS.L. 1987, ch. 26S provided repealed. that tha act sll Id become effective on and

Sectiona 568 and 570 ofS.L. 1988, ch. 265 after January I, 89. are compiled as §f 39-4410 and 40-701.

Section 2 ofS.L. 1999, th. 383, is compiled as § 40-510.
39-4427. Commercial disposal fees.

­ (1) There is im
owner or operatorofevery commercial hazardous waste disposa acilityor site permitted under section 39-4409, Idaho Code, the lowest appli ble fee for each ton ofwaste or fraction thereof, as follows: (a) Thirty dollars ($30.00) pergate ton or fraction thereoffor all haz dous wastes as defined by RCRA or section 39-4407, Idaho Code; (b) Twenty-five dollars ($25.00) per gate ton or fraction thereof for all



### . 

## ....

### housand five hundred (2.500) gate tons or less ofwastes received by a 'lity or site in a calendar year from the same initial generator if the HEALTH AND SAFETY 

### 24 39-4427

w es: (i) 

### are PCBs regulated under Idaho or federal law and are in
conc trations greaterthan fifty (50) partspermillion; (ii) 

### arehazardous debris; iii) 

### arehazardous wastes that become subject to regulation solely
as a res t 

### ofa removal or remedial action taken in response to environmental co amination; or (iv) are hazardous wastes that result from corrective a ion or closure of a regulated or nonregulated hazardous waste manage ent unit; (d) Ten dollars 10.00) per gate ton or fraction thereof for all wastes containedinpar ph (c) ofthis subsection. ifthewastes arereceived by the same facility or ite and are from the same initial generator in 

### an amount greater than 0 

### thousand five hundred (2.500) gate tons in 

### the
same calendar year; (e) Five dollars ($5.00) pe gate ton or fraction thereoffor all hazardous wastes that: (i) 

### are deliste r treated so that the wastes are no longer hazardous wastes; or (ii) 

### are onhazardous radiologically contaminated wastes including materials fro the "Formerly Utilized Sites Remedial Action Program (FUSRAP)" sites

..stered by Ule government ofthe United States; or (iii) 

### arePCBs in c centrationsless thanfifty (50) parts permillion a,nd not otherwiseregulate by Idahoorfederal law; or (iv) are wastes not otherwise defined in this su ection. (2) The fees setforth in subsection (1)

### of

. sectionshall notapplyto any ofthe following types ofwastes:

, (a) Wastes generated or disposed ofby a pu . c agency or other person operating a household hazardous waste collect! program; (b) Wastes generated or disposed ofby any agen ofthe state ofIdaho. Any. waste for which the fees are waived under e provisions of this section mustbe noted asfee-waived waste on the retu equired in section 39-4428. Idaho Code. and is subject to all audit pro

. ions of section 39-4429. Idaho Code.

(3) For wastes disposed of by any agency of the state 0 

### daho at any commercial hazardous waste disposal facility or site perm 

### ted under section 39-4409,**1da~o** 

### Code. the director. pursuant to a written with the director. the owner or operator of any such facility or s credit on the return required in section 39-4428. Idaho Code. andin remitted. an amount equal to the actual cost charged by such own or operator per gate ton or fraction thereoffor the characterization. collecti identification, transportati9n, treatment. storage and disposal ofwastes a such facility or site. (I.C., § 

### 39-4427. am. and redesig. 1999. ch. 290, § 

### 2, p .



# . . eement

e fee

Compiler'. notes. Former § 39-4427. which comprised 1984, th. 205, § 5, p. 502;
am. 1992, ch. 251, § I, p. 735; am. 1993, ch. 291, § 8. p. 1082; am. 1994, ch. 419, § 2, p. 1310; am. 1995,ch. 127. § I, p. 856; am. 1997. th. 313. § 2, p, 926; was amended and redesignate as § 39-4427 A by S.L. 1998, ch. 229. § I, p. 778.

This section wasfonnerty compiled as § 39­ 4427A.

'Section 3 ofS.L. 2001, ch. 297, is compiled n.s§ 39-4403. 

### •ch. 290.1 2.


### 39-4427B

c HAZARDOUS WASTE MANAGEMENT 39-4427C 

### 25

[Amended and Redesignated.1

Comp er'. noteL Former § 39-4427A This section was formerly compiled asf 39­ and redesignated as § 39-4427 4427A.



### 39-4427D. Generator fees

- Treatment, storage or

isposal facility fee

- Hazardous waste fees

- Dupli.

ion. [Repealed.]

39-4427C. Treatment, stora,e or disposal facili fee.

- (1) Any hazardous waste treatment, storage and disposal facility s dect 

### toregulation by the department ofhealth and welfare during calen r year 1998, shallbe subject to a five thousand dollar ($5,000) fee to be re 'tted to the departmentofhealthand welfare no laterthan thirty (30) days a r the end ofcalendar year 1998. (2) The fee set forth in subsection (1) of this section shall not a facilities which: (a) Are owned or operated by public or governmental entities; or (b) Demonstrate, to the satisfaction ofthe director ofthe department, a inability to pay all or a portion ofthe fee. [LC., § 39-4427C, as added by Compiler's notes. Tn following sections were repealed by S.L. 1 cb. 290, § I, p. 718, effective July I, 1999:

Former section 39-4427B, w 'ch comprised S.L. 1998, ch. 229, § 2, p. 778,

. S.L. 1999, ch. 49. f 1. was amended byS.L. 1 9, ch. 49, 1 I, effective July I, 1999 and was epealed by S.L. 1999, ch. 290, § 1. effective uly I, 1999.

39-4427C. which comprised S.L. 199 • ch. 229, I 3, p. 778, was repealed by S.L 19 , ch. 290.' I, effective July I, 1999.

39-4427D, which comprised S.L. 1998, ch. 229, f 4, p. 778, was repealed by S.L. 1999, ch. 290, f I, effective July I, 1999.

Section 39·4427B as amended by S.L. 1999, ch. 49, f 1 read: "Generator feel. (I) For any generatorgeneratingwaste duringcalendar year 1998. there is imposed a generator fee toberemitted to thedepartment ofhealth and welfare no later than thirty (30) days after the end of calendar year 1998, as fol· lows:

"(a) A generator who generates two and two-tenths C2.2) pounds or more of acutely hazardouswaste asdefined by40 CFRsection 261, in any calendar month, or generates more than two thousand two hundred (2,200) pounds ofhazardous waste at any time in a calendarmonth, shall be subject to an annual fee oftwo thollSand do1l8l"ll ($2,000);

"(b) A generator who generatea·between two hundred twenty (220) and two thousand two hundred C2,200) pounds of hazardous waste in one (1) calendar month, shall be subjectto an annual fee ofseven hundred fifty dollars ($750).

"(2) The fee set forth in subsection (1) of is section shallnotapplytogeneratorawho:**~a)** Are public or governmental entities; ) Are dty cleaners; or "( Demonstrate, to the satisfaction ofthe direct ofthedepartment, aninabilityto pay all or a rtion ofthe fee.

"Cd) Fo purposes of this section, "dty cleaners" ans any generator who owns or operates a inesa the primary purpose of which is to d lean apparel and fabrics for the general pub ,as described in standard industrial classi6c ion no. 7216."

Compiler's notes. Section 8 of S.L. 1998, Sec. to sec. ref. This section is referred to ch. 229 declared an emergency. Approved in 1 39-4427D. March 20, 1998.

### eh. 290, § 3, p. 716; 

### am.**39~4427D** HEALTH AND SAFETY 26



### r operator, generator or treatment, storage or disposal facility subject to

ore than one (1) fee under section 39-4427A, 39-4427B or39-4427C, Idaho C e, shall only be 

### required to pay thehighestapplicable fee under anyone (I) 

### those sections. (2) or purposes ofthis section. thefee for section 39-4427

### A, Idaho Code, shall be he total amountrequired tobe 

### paid under subsection (1)

### ofsection 39-4427

### R. Idaho Code. [I.e., § 

### 39-4427D, as added by 1998, ch. 229, § 4, 

### p. 778.1

89-4428: 

### CoUe ion of commercial disposal fees

- 

### Returns.

­ (I) 

### The fees impose

.nder section 39-4427, Idaho Code, shall be 

### due and payable inmonthlyins Imentsbythe owner, agent, employee, oroperator ofsuchhazardouawaste cility orsite and remittance shallbe made to the Idahodepartment ofen

. ental quality on orbefore the fifteenth dayof the month next sueceedin, e end ofthe monthly period in which the fee accrued. The owner, opera or designated employee or agent of the hazardous wastefacility or site, n or before the fifteenth dayof

### the month, shall make out a return, upon su forms settin,forth such information as 

### ths department may require, sho , the amount 

### ofthe fee for which 

### the
owner or operator ofthe hazardous aste facility or site is liable for the precedin, monthly period, 8Dd shall ign and transmit the same 

### to the department, together with a remitt e for such amount in the form required.

. . (2) 

### The department may relieve any pe n or class ofpersons from the obligation offiling monthly returns and ma: require the return to cover other reportin, periods, but in no event shall turns be filed for a period greater than 

### three (3) 

### months. [I.C., § 

### 39-4428, 

### s added by 1984, ch. 205, § 6,p. 

### 502; 

### am. 1998,ch' 229, § 6, 

### p. 778; 

### am. 199 2001, ch. 103, § 

### 47, p. 253.]

Compiler'.note•. Section 46 oCS.L. 2001, emergency. Approv ch. 103 is compiled as § 39-4426. Sec. to sec. reI.

Section 8 ofS.L. 1998. cb. 229 declared an in' 39-4427.


### 39-4429. Booksand records 

### to be preserved

- Ent and in8pec. tionbydepartmentofenvironmentalquality.

- Everype on orentity subjectto theimposition ofthefees specified in section 39-4427, aho Code, shall keep complete and accurate records, including itemized inv

. ces and manifests for federally regulated types and quantities ofhazardo waste**ultiin~tely** 

### disposed of at a hazardous waste facility or site in IdaH

. All books, documents and papers, computer tapes, discs, and other rec ds required to be 

### keptby this section shall be preserved for a period ofat Ie five (5) yearsfrom thedate oftherecords orthe date oftheentriesappearin ( 

### in the records, unless the department in writing, authorized their destruc­



### .... .. 

## . 

# U tHAZARDOUS WASTE MANAGEMENT 39-4431 27

employees, may enter any place ofbusiness ofthe owner or operator of a zardous waste facility or site where hazardous wastes are disposed and in t thepremises.therecordsrequired to be keptunderthischapter, and the azardous wastes or other chemicals contained therein, to determine whe r ornotall theapplicableprovisions ofsections 39-4427 and 39-4428, Idaho de. are being fully complied with. Trade secret information obtained b the department under the· provisions of this section shall be treated in he same manner as such information obtained under section 39-4411,Id 0 Code. Ifthe department, or any ofits authorized agents or employeesis u easonablydeniedfree access orisunreasonablyhindered or interfered with making the examination ofa hazardous waste facility or site, that hindran· or interference shall constitute grounds for suspension
01'revocation ofthe cilityorsite's permit by thedirector ofthedepartment of environmental q lity under subsection (b) of section 39-4413, Idaho Code. [I.C., § 39-4429, added by 1984, th. 205, § 7, p. 502; am. 1998. th. 229, § 6, p. 778; am. 19 • ch. 290, § 4, p. 718; am. 2001, ch. 103. § 48, p. 253.]

Co_piler's Dotes. Section 7

. 

### ot th. 229 is compiled as § 39-4432.

Section 5 ofS.L. 1999. eh. 290 is co 

# ( as § 39-4481. Section 49 ofS.L. 2001, ell.. 103 is compi
as § 39-4431.

# ~ Section 8 

### ot S.L. 1998. th. 229 declared an emergency. Approved March 20, 1998. "Water- aDd "Chemical"Diatfnpished.

The lepslature haa indicated by its use of the word "chemical" in several statutes t.hat water should notbe considered to be a -chem· ical." Moosman v. Idaho Horse Racing Comm'n, 117 Idaho 949, 793 P.2d 181 (1990).
394130. Additions and penalties.

- The additions, penalties, and requirements provided by the Idaho in me tax act, sections 63-3046, 63-3075,63-3076 and63-3077,IdahoCode, a they now exist or astheymay be subsequently amended. shall applyin the e manner and tothe same extent to this act as to the Idaho income act and shall cover such additions, penalties and requirements and sh ,for this purpose, be described andbe for acts, omissions, delinquencies, d requirements under this chapter. 

## [I.e., § 39-4430, as added by 1984, ch. 05, § 8, p. 502.]

394131. Collection and enforcement.

- (1) The ollection and enforcement procedures available to the"Idaho state tax com ission provided by the Idaho income tax act, sections 63-3030A. 63-3038, 63 039, 63-3040. 63·3042 through 63-3045A. 63-3047 through 63-3065A, 63·3 68, 63-3070, 63--3071, 63·3072,63-3073 and 63-3078, Idaho Code, as they no exist or as they may subsequently be amended, shall apply and be availa e to the department ofenvironmental qualityfor the enforcement ofthe co ercial disposal fee and for the assessment and collection of any amoun due thereunder. Said sections shall, for the aforementioned purposes, be co sidered part ofthis chapter and wherever liens or any other proceedings e defined as income tax liens or proceedings, they shall, When applied 1 enforcement or collection under this chapter, be described as commercial'Compiler's D Section' ofS.L. 1999, ch. 290, is compiled ferred to in this 8S t 31J.;4429. 1989, ch. 363, t 2.

Sectio1l 2 of S.L. 19 Sections 48 and 50 ofS.L. 2001, cb. 103 are compiled as

### It 39-4429 and 39-5803, rapec· aa t 89-4427. tively.


### 39-4432. 

### Distribut DofcommercialdisposalfeereVeDUes.

­ 

### The 39·4432 HEALTH AND SAFETY 

### 28

efendant in any action atlaw or in 

### equity by any person aggrieved by the 

# u awful seizure orsaleofhisproperty, orin anysuitforrefundorto recover erpayment,butonlythestateofldahoshallberesponsiblefor anyfinal 

### jud nt secured against the department of environmental quality and saidju ent shall be 

### paid orsatisfied out ofthe general fund ofthe state. [lC., 

### I 3 431, as added by 

### 1984, ch. 205, 

### I 9, p. 502; am. 1997, ch. 313, 

### I 3, 

### p. 926;

. 1999, ch. 290, 

### I 5, p. 718; 

### am. 2001, cb. 103, 

### f 49, p. 253.]

revenues received from e commercial disposal fees imposed by 

### this chapter and any penalties, 'nterest, or deficiency additions. shall be 

### paid
over to the state treasurerb he department tobe 

### distributed periodically 

### but no less frequently than qu erly as follows:

. (1) 

### An amount equal to

### ninety ve percent (95%) shall be

### remittedto the general fund ofthe state; and (2) An amount equal to 

### therem

. . gfivepercent (5%) 

### shall be

### remitted to thecounty treasurer ofthecounty 0 

### ountieswherethe activityoccurred wbich caused thefees tobe 

### assessed pur ant 

### tothis chapter. Moneys shall be 

### apportioned to the counties in the s proportional manner in 

### which they were collected. Moneys returned to co nties shall be 

### utilized by the county to 

### respond to health and environme problems which may 

### be caused by hazardous waste emergencies or spi! orimproperlyhandled or packaged hazardous waste. [l.C.• § 

### 39-4432. as dded by 1984. ch. 205, § 

### 10,p. 502; 8lD. 

### 1989, ch. 419, 

### t 1,p. 1023jam. 1 7,ch. 313, 

### t 4,p.926;
am. 1998. ch. 229, § 

### 7. p. 778; 

### am. 1999. ch. 290, § .'

### 718.1

Complier's Dot

....Section 11 ofS.L. 1984, emergency. Approved ril 3, 1984. ch. 205 is compiled as § 67·2917.

Section 6 ofS.L. 1998, cb. 229 is compiled 8S I 39-4429.

Section U.ofS.L.1984, ch. 205 declared an Section 8'ofS.L. 199 , emergency. Approved M



### s.c. to see. ref. This in § 39-7204.
CHAPTER 

### 45
NATURAL DEATH ACT

SECTION. 39-4501. Short title. 39-4502. Statement ofpolicy. 39-4503. Definitions. 39-4504. Living will. 39·4505. Durable power of attorney S£C'T10H. 39·4506. Revocation.

. 39·4507. Execution ofdirective.

39-4508. Immunity.

r 39-4509

.. General provisions. lor